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Protection of holders of unregistered trademark or other designations used in business transactions under Czech law and EU law
Kroc, Martin ; Růžička, Michal (advisor) ; Císařová, Zuzana (referee)
Protection of holders of unregistered trademark or other designations used in business transactions under Czech law and EU law Abstract This final thesis focuses on means of legal protection of holders of non-registered trademark or of another sign used in the course of trade under Czech and European law. First, it defines the legal branch of intellectual and industrial property, the term trademark and the system of Czech national trademarks. Due to extensive amendment of the Czech Trademarks Act based on the European Union Trade Marks Directive, effective from 1st January 2019, the final thesis begins with the description of the trademark legislation effective prior the amendment. Next chapter contains comparative analysis of former and current wording of the legislation following the legislative amendments of Czech Trademarks Act based upon the European Union Trade Marks Directive. Further chapters of this final thesis describe in detail the distinctive character of the trademarks, use of the trademarks in the course of trade, likelihood of confusion on the part of the public and other legal issues relevant to the successful protection of the non-registered trademark or of another sign used in the course of trade under written law and established case law of the Czech and European courts. The most...

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